House File 2325 - IntroducedA Bill ForAn Act 1permitting a city to create social districts allowing
2for the possession or consumption of alcoholic beverages in
3certain public places.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 123.30, subsection 5, paragraph a, Code
22026, is amended by adding the following new subparagraph:
3   NEW SUBPARAGRAPH.  (4)  A social district, if the holder of
4the retail alcohol license is a participating licensee within a
5social district and in compliance with the ordinance adopted
6under section 414.34.
7   Sec. 2.  Section 123.46, subsection 2, Code 2026, is amended
8to read as follows:
   92.  a.  A person shall not use or consume alcoholic liquor,
10wine, or beer upon the public streets or highways. A person
11shall not use or consume alcoholic liquor in any public
12place except premises covered by a retail alcohol license.
13A person shall not possess or consume alcoholic liquors,
14wine, or beer on public school property or while attending a
15public or private school-related function. A person shall not
16be intoxicated in a public place. A person violating this
17subsection is guilty of a simple misdemeanor.
   18b.  Notwithstanding paragraph “a”, a person may possess
19or consume alcoholic liquor, wine, or beer upon the public
20streets, highways, or public places within a social district
21if the possession or consumption complies with the ordinance
22adopted under section 414.34.
23   Sec. 3.  NEW SECTION.  414.34  Social districts.
   241.  As used in this section:
   25a.  “Marked container” means a nonglass container that
26identifies the retail alcohol licensee providing the alcoholic
27liquor, beer, or wine in the container to the consumer within
28the social district.
   29b.  “Retail alcohol licensee” means the holder of a class “C”
30or special class “C” license issued under section 123.30.
   31c.  “Social district” means a defined area in which the
32possession and consumption of alcoholic liquor, wine, and
33beer is allowed on public streets, sidewalks, and other
34public spaces within the boundaries of the district that are
35consistent with this section.
-1-   12.  A city may define an area by ordinance that designates a
2social district for use by retail alcohol licensees.
   33.  An ordinance adopted pursuant to this section must
4include all of the following:
   5a.  A legal description or map of the district.
   6b.  The days and hours the possession and consumption of
7alcoholic liquor, wine, and beer are permitted on public
8streets, sidewalks, and other public places within the
9district.
   10c.  Requirements for marked container use and identification.
   11d.  Participation requirements for retail alcohol licensees
12within the district.
   13e.  Enforcement provisions and penalties for violations.
   14f.  Procedures for the revocation or suspension of all of the
15following:
   16(1)  The participation of retail alcohol licensees for
17violations.
   18(2)  The social district itself for public safety concerns
19or other matters.
   204.  An ordinance adopted by a city shall not be construed to
21authorize any of the following:
   22a.  Consumption of an alcoholic beverage in a motor vehicle
23or on the public streets, sidewalks, and other public spaces
24during the times when the ordinance is not in effect.
   25b.  Possession or consumption of an alcoholic beverage in
26a manner contrary to the provisions of chapter 123 except as
27otherwise provided by an ordinance adopted pursuant to this
28section.
   29c.  A prohibition on any participating retail alcohol
30licensee or other establishment located within the social
31district from denying entry to the premises of the licensee or
32establishment to persons who possess alcoholic beverages from
33other participating retail alcohol licensees.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
   2This bill permits a city to create social districts
3(district) allowing for the possession or consumption of
4alcoholic beverages in certain public places.
   5A city may define by ordinance an area which may be used
6by holders of class “C” or special class “C” retail alcohol
7licenses in a district. A class “C” license allows commercial
8establishments like bars and restaurants to sell alcoholic
9liquor, wine, and beer, and a special class “C” license allows
10such establishments to sell just wine and beer.
   11The bill defines a “district” to mean a defined area that
12allows for the possession and consumption of alcoholic liquor,
13wine, and beer on public roadways, sidewalks, and other public
14spaces within the boundaries of the district.
   15An ordinance adopted pursuant to the bill is required to
16include the following: (1) a legal description or map of the
17district, (2) the days and hours the possession and consumption
18of alcoholic beverages is permitted, (3) the requirements for
19containers containing alcoholic beverages consumed in the
20district and the use of such containers, (4) the requirements
21for retail alcohol licensees participating in the district,
22(5) enforcement provisions, and (6) revocation and suspension
23provisions for the retail alcohol licensees and the district.
   24The bill specifies an ordinance shall not be construed to
25authorize the consumption of alcoholic beverages in a motor
26vehicle or on public streets, sidewalks, and other public
27spaces during the times when the ordinance is not in effect;
28authorize the possession or consumption of alcoholic beverages
29in a manner contrary to the provisions of Code chapter 123
30(alcohol beverage control); or prohibit a participating retail
31alcohol licensee in the district or other establishment in the
32district from denying entry to persons who possess alcohol from
33other participating retail alcohol licensees in the district.
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